European patent validation
The European Patent Convention (EPC) is a treaty that provides a patent system for its contracting states. The whole procedure of filing and obtaining European patents is operated by the European Patent Office (EPO), nevertheless the EPO as such is not responsible for European patent validations.
What does it mean European Patent Validation?
The European patent process enables a patent to be obtained in 39 member states (plus additional countries) via a one patent application, saving time and money. When a European patent is granted by the EPO, it is not automatically effective in all member states. Instead, the Patent Proprietor must “validate” the patent in each contracting state where they would like the patent to take effect. This is the meaning of European patent validation.
What are the steps of European Patent Validation?
To validate a European patent in a certain country, the Patent Proprietor must perform some actions required by that state. This involve paying an official fee, sometimes tax fee and very often translation. Full translation into Polish is needed: title, patent specification, claims, drawings and abstract. The official fee for publication varies based on the document’s length and is mandatory.
Other formal documents may also need to be submitted in the process of European patent validation (e.g. Power of Attorney – see below). Once the Patent Proprietor has completed the validation process in a state, the patent is considered to have the same legal effect as a national patent granted by that state.
Power of Attorney must be filed. We recommend a general authorization for simplified future validations. The document can be submitted after the initial three-month period. No need for legalization or notarization.
How can FGGH IP help?
Each contracting state has its own laws and requirements so the European patent validation process may be complex and costly. Poland requires the validation, as it is not a party to the London Agreement or the Unitary Patent System (yet).
At FGGH IP, we specialize in guiding you through the entire process of European patent validation before the Polish Patent Office (PPO). With almost two decades of experience, we work alongside highly qualified translators who excel in technical translations.
- Free Cost Quotes: Obtain transparent pricing to facilitate informed decisions.
- Comprehensive Support: We handle the preparation and submission of all necessary documents, including the Power of Attorney Form and registration address for service with the PPO for European patent validation.
- Competitive Rates: Benefit from preferred fees for translations and the service fee for filing the European patent validation Request.
- Efficient Process: Receive a detailed report and invoice promptly after completion.
Where to file all documents?
All filings with the Polish Patent Office (PPO) require the expertise of a professional representative: a Polish Patent Attorney. FGGH IP is here to help you in the whole process. If you want to retain your current translators and collaborators in Poland but are looking for more favourable terms regarding the application itself or renewals, we can offer you the best possible conditions. Effective European patent validation in Poland means filing all documents (as mentioned above) directly with the PPO – in paper or via online services.
When all formal aspects need to be done?
European patent validation must be initiated within three months from the European Grant Date to protect your invention in Poland. The EPO informs the Patent Proprietor about the upcoming publication date (publication in the EPO Bulletin). The Patent Proprietor is already in possession of so – called “DRUCKEXEMPLAR” i.e. the text intended for grant, therefore contact with local agent instructing the European patent validation may be earlier than the mentioned grant date, nevertheless it has to be underline that the 3-months deadline is strict and cannot be extended.
No matter your field or the complexity of your invention, we are committed to finding experts who align perfectly with your needs.
Click, call, fill out a form or email us at contact@fgghip.com. We’ll take care of the rest, keeping you informed, while you retain control.
Service Commitment
Expect billing and reporting within one working day of filing.
Beyond European patent validation, we continue to support you with renewal payments and ownership transfers if needed.
European Patent Validation (EP Validation) is the process by which a European Patent is converted into a national patent right in one or more of the countries that are party to the European Patent Convention. In order for your European Patent to take legal effect in a country, it must be validated there.
You may validate your European Patent in one or more of the countries that are party to the European Patent Convention (EPC). Further, you may validate your European Patent in a number of countries that have signed agreements with the European Patent Office. There are two additional groups: ‘extension states’ and ‘validation states’.
As of 1 April 2025, the 39 member states of the European Patent Organisation are:
Albania, Austria, Belgium, Bulgaria, Switzerland, Cyprus, Czech Republic, Germany, Denmark, Estonia, Spain, United Kingdom, Greece, Croatia, Hungary, Ireland, Iceland, Italy, Liechtenstein, Lithuania, Luxembourg, Latvia, Monaco, Former Yugoslav Republic of Macedonia, Malta, Montenegro, Netherlands, Norway, Poland, Portugal, Romania, Serbia, Sweden, Slovenia, Slovakia, San Marino, Türkiye.
Number of extension and validation states available varies depending on the effective date of your European Patent application. For European applications filed from 1 October 2022, one extension state is available: Bosnia & Herzegovina. Currently, the validation states that are available are Cambodia, Georgia, Laos, Morocco, the Republic of Moldova, and Tunisia.
In order for your European Patent to take legal effect in a particular country, it must be validated in that country. That is to say that you should validate your European Patent in the countries in which you would like to be able to enforce your monopoly right to your invention.
To choose the countries where you would like to validate your European Patent, you may consider the existing and predicted market for your invention in each country – which countries are key to maintaining or securing a significant share of the European market?
No. all formal requirements must be performed within three months of the date of the grant, all necessary action must be taken in Poland in order for your patent to take effect here. Powe of Attorney document may be delivered to the Polish Patent Office (PPO) later.
The cost to validate your European Patent comprises official fees, tax fee, translation costs, and attorney charges. As the requirements of each country at validation are different, all of these costs also vary from country to country. In addition, the costs will vary based on the length and complexity of your European Patent itself. As such, the cost to validate your European patent may vary significantly and can be considerable.
Some countries do not require any further translations at the validation stage. These countries include the UK, France, Germany, Belgium, Ireland, Liechtenstein, Luxembourg, Monaco, Albania and Switzerland.
Other countries require the claims of the patent specification to be translated into their national language. The countries include Denmark, Finland, Hungary, Iceland, Netherlands, Norway, Croatia, Sweden, North Macedonia, Latvia, Lithuania and Slovenia.
The remaining contracting states of the European Patent Convention require a translation of the entire patent specification into their national language. The countries include Austria, Bulgaria, Cyprus, Czech Republic, Estonia, Spain, Greece, Italy, Montenegro, Malta, Poland, Portugal, Romania, Serbia, Slovakia, San Marino and Türkiye.
All necessary action to validate your European Patent in your selected countries must be taken within three months of the date of grant. It may take some time to prepare the necessary documents, therefore provide your instructions before any deadline.
When validation is complete, your European Patent will take effect, i.e. be in force, in each of your selected countries. At this point, the European Patent has become a “bundle” of national rights. To keep it in force, European Patent must be renewed annually in each country. For nine months after the grant of the European Patent, it may be opposed by any third party. Any opposition proceedings are conducted before the European Patent Office. After the nine-month opposition period, any action taken against the European Patent must be brought before the national entities.